July 6, 2012

Honorable Randy Dorn Superintendent of Public Instruction Washington Department of Public Instruction P.O. Box 47200 Olympia, WA 98504-7200 Dear Superintendent Dorn: I am pleased to approve Washingtons request for ESEA flexibility. I congratulate you on submitting a request that demonstrates Washingtons commitment to improving academic achievement and the quality of instruction for all of the States elementary and secondary school students. Last fall, the U.S. Department of Education (Department) offered States the opportunity to request flexibility from certain requirements of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the No Child Left Behind Act of 2001, in exchange for rigorous and comprehensive plans designed to improve educational outcomes for all students, close achievement gaps, increase equity, and improve the quality of instruction. This flexibility is intended to support the groundbreaking reforms already taking place in many States and districts that we believe hold promise for improving outcomes for students. We are encouraged by the innovative thinking and strong commitment to improving achievement for all students that is evident in Washingtons request. Our decision to approve Washingtons request for ESEA flexibility is based on our determination that the request meets the four principles articulated in the Departments September 23, 2011, document titled ESEA Flexibility. In particular, Washington has: (1) demonstrated that it has college- and career-ready expectations for all students; (2) developed, and has a high-quality plan to implement, a system of differentiated recognition, accountability, and support for all Title I districts and schools in the State; (3) committed to developing, adopting, piloting, and implementing teacher and principal evaluation and support systems that support student achievement; and (4) provided an assurance that it will evaluate and, based on that evaluation, revise its administrative requirements to reduce duplication and unnecessary burden on districts and schools. Our decision is also based on Washingtons assurance that it will meet these four principles by implementing the high-quality plans and other elements as described in its request and in accordance with the required timelines. In approving Washingtons request, we have taken into consideration the feedback we received from the panel of peer experts and Department staff who reviewed Washingtons request, as well as Washingtons revisions to its request in response to that feedback.

The waivers that comprise ESEA flexibility are being granted to Washington pursuant to my authority in section 9401 of the ESEA. A complete list of the statutory provisions being waived is set forth in the table enclosed with this letter. Consistent with section 9401(d)(1) of the ESEA, I am granting waivers of these provisions through the end of the 20122013 school year. If Washington meets the conditions described below prior to the end of the 20122013 school year, I will extend the approval of these waivers through the end of the 20132014 school year, at which time Washington may request an extension of these waivers. In the coming days, you will receive a letter from Deborah Delisle, Assistant Secretary for Elementary and Secondary Education, containing additional information regarding Washingtons implementation of ESEA flexibility, as well as information regarding monitoring and reporting. Please note that the Department will closely monitor Washingtons implementation of the plans, systems, and interventions detailed in its request in order to ensure that all students continue to receive the assistance and supports needed to improve their academic achievement. Our decision to place conditions on the approval of Washingtons request is based on the fact that Washington will use the 20122013 school year to study and refine its new accountability index, which will be an integral part of its new differentiated recognition, accountability, and support system. However, we have determined that Washington is able to fully meet the ESEA flexibility principles in the 20122013 school year while it continues to finalize the new index. The decision is also based on the fact that Washington has not yet formally adopted a method for including student growth as a significant factor in its teacher and principal evaluation and support systems and has not yet changed its evaluation requirements to ensure that student growth be a factor in focused evaluations (i.e., evaluations that, in contrast to comprehensive evaluations, use only a subset of the States evaluative criteria). In its request for ESEA flexibility, Washington has committed to determining a method for ensuring that a teacher or principal cannot receive an overall summative rating of Distinguished if he or she receives a low score on student growth, and to placing teachers and principals with low student growth scores on a one-year growth plan to address areas for improvement. Washington has also committed to seeking a legislative change to require that focused evaluations include consideration of student growth. To receive approval to implement ESEA flexibility through the end of the 20132014 school year, Washington must submit to the Department for review and approval an amended request incorporating: (1) the final version of the new index, including by attaching to the amended request any technical documentation, administrative rules, and other relevant information; (2) rules regarding the use of student growth as a significant factor in teacher and principal evaluation and support systems that Washingtons Teacher and Principal Evaluation Project Steering Committee is expected to recommend by December 2012; and (3) a copy of the amended State statute that requires each focused evaluation to use student growth data. If Washingtons amended request does not include the final version of the new index, fails to demonstrate that its final method for determining a teacher or principals summative evaluation rating includes student growth as a significant factor, fails to demonstrate that it has secured the necessary legislative change to require that focused evaluations include student growth, or if Washington does not receive approval of the amended request, the waivers being granted to Washington through ESEA flexibility will expire at the end of the 20122013 school year, and Washington and its districts will be required to immediately resume complying with all ESEA requirements.

Washington continues to have an affirmative responsibility to ensure that it and its districts are in compliance with Federal civil rights laws that prohibit discrimination based on race, color, national origin, sex, disability, and age in their implementation of ESEA flexibility as well as their implementation of all other Federal education programs. These laws include Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act, the Age Discrimination Act of 1975, and requirements under the Individuals with Disabilities Education Act. A copy of Washingtons approved request for ESEA flexibility will be posted on the Departments Web site at: http://www.ed.gov/esea/flexibility/requests. Again, I congratulate you on the approval of Washingtons request for ESEA flexibility and thank you for the work that you and your staff have done. I look forward to continuing to support you as you implement Washingtons ESEA flexibility request and work to improve the quality of instruction and academic achievement for all students. Sincerely, /s/ Arne Duncan Enclosure cc: Governor Christine Gregoire Assistant Superintendent Bob Harmon

Provisions Waived Through Approval of Washingtons Request for ESEA Flexibility ESEA SECTION1 DESCRIPTION NOTES The reservation is not waived; SEA may distribute section 1003(a) funds to LEAs for use in priority and focus schools

STATE-LEVEL RESERVATION FOR SCHOOL IMPROVEMENT 1003(a) Requires State educational agency (SEA) to reserve 4 percent of its Title I, Part A allocation for school improvement activities and to distribute at least 95 percent to local educational agencies (LEAs) for use in Title I schools in improvement, corrective action, and restructuring SCHOOL IMPROVEMENT GRANTS 1003(g) Requires SEA to award School Improvement Grant (SIG) funds to LEAs with Title I schools in improvement, corrective action, or restructuring 20132014 TIMELINE 1111(b)(2)(E)- Establishes requirements for setting (H) annual measurable objectives (AMOs) ADEQUATE YEARLY PROGRESS (AYP) DETERMINATIONS 1116(a)(1)(A)- Requires SEA and its LEAs to make (B) and AYP determinations for LEAs and 1116(c)(1)(A) schools, respectively WITHIN-DISTRICT ALLOCATIONS 1113(a)(3)-(4) Requires LEA to rank and serve and (c)(1) eligible schools according to poverty and allocate Title I funds to schools in rank order of poverty

Waiver permits SEA to award SIG funds to an LEA to implement one of the four SIG models in any priority school Waiver permits SEA to set new ambitious but achievable AMOs

Waiver permits LEA to serve with Title I funds a Title I-eligible high school with a graduation rate below 60 percent that the SEA identified as a priority school even if that school does not rank sufficiently high to be served based solely on the schools poverty rate Waiver permits LEA to operate a schoolwide program in a priority school or a focus school with less than 40 percent poverty that is implementing a schoolwide intervention

SCHOOLWIDE POVERTY THRESHOLD 1114(a)(1) Requires 40 percent poverty threshold to be eligible to operate a schoolwide program

The corresponding regulations that implement these statutory provisions are also waived. Any ESEA statutory provision not listed in this table is not waived.

Provisions Waived Through Approval of Washingtons Request for ESEA Flexibility SCHOOL IMPROVEMENT REQUIREMENTS 1116(b) Requires LEA to identify schools for 1116(b)(13), which requires LEA to (except (b) improvement, corrective action, and permit a child who has transferred to (13)) restructuring with corresponding remain in the choice school through the requirements highest grade in the school, is not waived LEA IMPROVEMENT REQUIREMENTS 1116(c)(3) and Requires SEA to identify LEAs for (5)-(11) improvement and corrective action with corresponding requirements 1116(e) Requires SEA and LEAs to take a variety of actions to offer supplemental educational services to eligible students in schools in improvement, corrective action, restructuring RESERVATION FOR STATE ACADEMIC ACHIEVEMENT AWARDS PROGRAM 1117(b)(1)(B) Limits the schools that can receive Waiver allows funds reserved for State Title I, Part A funds reserved for State awards program to go to any reward awards program school HIGHLY QUALIFIED TEACHER PLAN ACCOUNTABILITY AGREEMENT REQUIREMENT 2141(c) Requires SEA/LEA agreement on use Waiver includes existing agreements of Title II, Part A funds for LEAs that and applies to restrictions on hiring miss AYP for three years and fail to paraprofessionals under Title I, Part A make progress toward reaching annual objectives for highly qualified teachers LIMITATIONS ON TRANSFERABILITY OF FUNDS 6123(a) Limits to 50 percent the amount an Waiver applies to the percentage SEA may transfer from a covered limitation, thereby permitting SEA to program into another covered program transfer up to 100 percent from a or into Title I, Part A covered program 6123(b)(1) Limits to 50 percent or 30 percent the Waiver applies to the percentage amount an LEA may transfer from a limitations as well as to the restrictions covered program into another covered on the use of transferred funds program or into Title I, Part A 6123(d) Requires modification of plans and notice of transfer 6123(e)(1) Transferred funds are subject to the Waiver permits an LEA to exclude requirements of the program to which funds transferred into Title I, Part A they are transferred from the base in calculating any setaside percentages

RURAL SCHOOLS

Provisions Waived Through Approval of Washingtons Request for ESEA Flexibility 6213(b) Requires LEAs that fail to make AYP to use funds to carry out the requirements under ESEA section 1116 6224(e) Requires SEA to permit LEAs that fail to make AYP to continue to receive a Small, Rural School Achievement grant only if LEA uses funds to carry out ESEA section 1116 21 CENTURY COMMUNITY LEARNING CENTERS (CCLC) 4201(b)(1)(A), Require a community learning center to Waiver permits an eligible entity to 4204(b)(2)(A) provide activities during non-school provide 21st CCLC activities to support hours or periods when school is not in expanded learning time during an session expanded school day, week, or year in addition to activities during non-school hours or periods when school is not in session
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